The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1887-09-21
RECORD OF THE COURTS.
Yesterdays Supreme Court Decisions.

COUNTY SURvEYoR--TERM OF OFFICE.
1890. Abner L. Pursel VS.. the State ex rel.
lack, J.-In November, 1884, appellant was
elected surveyor of Starke county After being
duly qualified he took possession OF the Office on
Nov. 81. 1884, and has held possession ever
since. In 1886 the relator elected to the
same Office, qualified on Nov. &C. and demanded
possession. which appellant refused Having
taken possession of the office and held it for the
full term fixed by the Constitution. appellant Is
estopped as against his regularly elected and
properly qualified successor, from denying that
his term of Office had expired.
PRAcTIcE-MARRIED WOMAN.
1870. Ruhanna Gardner vs.. Jerome J. Case
ct al Huntington, c. c. Affirmed. collars G.
IA simple exception to finding of facts does
not raise the question to whether or not the
finding is in accordance with sustained by the
evidence. The method is by motion for new
trial. (2) Where land acquired by pur-
chase a married woman might execute a valid
mortgage as surety under the act of 1879.
EQUITY-QUIETING TITLE-vENDER's LIEN.
12723 Amos Otis Mary E. Gregory.
LaPorte c. c. Reversed Mitchell, j.
Suit to quiet title. Mrs. Gregory and
her husband owed appellant a debt
which amounted to $500. TINS debt was
secured by mortgage which created a valid in
cumbrance upon her property in Michigan She
sold the Michigan property. and desired to pur-
chase property in Indiana, but to enable
her to make the purchase it became
necessary, that she should realize
the Michigan property. It was therefore agreed
that appellant should release his mortgage on
the property sold SO as to enable appellee to re-
ceive all the purchase money, which was to be
applied in payment of the property purchased.
Although the mortgage given appellant is void,
he will be subrogated by court of equity to the
rights of the vendor who received the money
and vendors lien be declared liz his favor.
And court of equity will not quiet appellee's
title unless she recognizes the corresponding
equity of appellant. Such facts will constitute an
equitable defense to such a suit, although no
affirmative relief is asked
CRIMINAL LAw-LoTTERY.
1870. VIM. P. Trout vs. State. Marion G.
C. Howk J.-When the offense of selling lot
terry tickets is charged the information, sub
stantiallv in the language of the statute, it Is
sufficient (2.) Any contradictory and repug-
nant matter other than that which would. if
true, constitute a legal justification of the Of
Tense or a legal bar TO the prosecution must be
regarded surplusage when the otfense is
charged with sufficient certainty.
wITNEss-sEPARArIoN-Ev
1874 State, ex rel. Clara B. Steigerwald
vs.. John w Thomas Jefferson, C. G. Reversed.
Elliot J.-When a witness was present ut the
examination of witnesses. Notwithstanding an
order of court for the separation of wit
nesses, without fault or conniyance of the party,
it ia error to exclude his Testimony.
MINOR CASES
1891 Francis W. Robinson ct al. vs. Josiah
G. Morley ct al. Howard, G. c.. Dismissed.
I3459 David A. Thomas ct al. VS.. Harriet
Barnett ct al Pulaski. c. c. Reversed on con-
fesson of errors.
1911. Isaac A. Pickard, treasurer. etc. VS..
Samuel Martin. Parke, &. c. Reversed on con-
fession of errors.
l3200 Midland Railway Company VS.. Henry
Prosser. Hamilton. {. G. Dismissed.
1898 Abraham Holcrafs vs. Jackson Doug
lass. Clinton, c. c. Widow and heir of appellee
ordered substituted.
1887 Frank B. Voeel VS. Edmund FL. Harris
ct al. Allen, S. C. Veronica E. Vogel, execu-
trix. ordered substituted.
1868 Sun Fire Office Joseph g. Parks ct
al. Dearborn G. G. Appeal Dismissed.
alta Mari
G. c. Houck, ]. Affirmed the authority Of
Trout VS.. State, supra